BILL ANALYSIS
AB 2468
Page 1
ASSEMBLY THIRD READING
AB 2468 (De Leon)
As Amended March 24, 2010
Majority vote
LABOR AND EMPLOYMENT 5-0 APPROPRIATIONS 16-1
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|Ayes:|Swanson, Furutani, |Ayes:|Fuentes, Conway, Ammiano, |
| |Gaines, Monning, Yamada | |Bradford, Charles |
| | | |Calderon, Coto, Davis, |
| | | |Nava, Hall, Harkey, |
| | | |Miller, Nielsen, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Norby |
| | | | |
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SUMMARY : Authorizes an employer to use the designation
"Breast-Feeding Mother-Friendly Workplace" in their promotional
materials if the employer submits its workplace breast-feeding
policy to the Labor Commissioner (LC) and the LC determines the
employer's policy meets specific criteria. Specifically, this
bill :
1)Allows an employer to use the designation "Breast-Feeding
Mother-Friendly Workplace" if the LC determines that the
policy submitted by the employer provides for all of the
following:
a) Flexible work scheduling, including the scheduling of
breaks and allowing work patterns that provide time for the
expression of breast milk;
b) A convenient, sanitary, safe and private location, other
than a toilet stall, for privacy while breast-feeding or
expressing breast milk;
c) A convenient, clean and safe water source with
facilities for washing hands and rinsing pumping equipment
located in or near the private location, as specified; and,
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d) A convenient hygienic refrigerator in the workplace for
the temporary storage of the breast milk.
1)Requires the LC to maintain a list of employers who are
eligible to use the "Breast-Feeding Mother-Friendly Workplace"
designation and requires the LC to publish the list on the
Department of Industrial Relation's Internet Web site.
2)States employers would not be subject to violations due to the
provisions of this section.
EXISTING LAW :
1)Provides that every employer shall provide a reasonable amount
of unpaid break time to accommodate an employee to express
breast milk. The break time shall, if possible, run
concurrently with any break time already provided to the
employee.
2)Provides that for this purpose the employer must make
reasonable efforts to provide the employee with the use of a
room or location, other than a toilet stall, in close
proximity to the employee's work area. Specifies that the
room or location may include the place where the employee
normally works if it otherwise meets the requirements of this
section.
3)Specifies that an employer does not have to provide break time
if to do so would seriously disrupt the operations of the
employer.
4)Provides that an employer who violates any of these provisions
shall be subject to a $100 civil penalty for each violation,
and specifies appeal procedures. Provides further that such a
violation is not a misdemeanor under the Labor Code.
5)Allows a mother to breast-feed her child in any location,
public or private, except the private residence of another,
where the mother and child are otherwise authorized to be
present.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor annual costs to DLSE for review of
workplace breast-feeding policies and to develop and maintain a
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database of eligible employers on its Web site.
COMMENTS : According to the author's office this bill seeks to
encourage employers to provide supportive work environments for
new mothers who choose to continue to breast-feeding after
returning to work.
The author also states that various studies show that
breast-feeding significantly reduces children's risk for obesity
and chronic diseases such as diabetes, asthma, allergies, and
gastrointestinal, urinary and respiratory tract infections.
There are also significant health benefits for breast-feeding
mothers, including reduced risk for type 2 diabetes, ovarian
cancer and breast cancer. Unfortunately, one of the barriers
that prevent new mothers, especially low-income working mothers,
from continuing to exclusively breast-feed is the need to return
to work environments that do not provide the necessary support
and accommodations.
Finally, the author states that for employers, potential
benefits of providing a supportive work environment for
breast-feeding mothers include: reduced worker turnover,
shorter maternity leave, lower absenteeism due to a sick child,
higher morale among employees, increased productivity among
employees with new children, an enticing worker recruitment
incentive, an improved positive image in the community and
lower/fewer insurance claims.
According to the January 2007 Breast-feeding Promotion Committee
Report to the California Department of Health Services Primary
Care and Family Health Division over 80% of women in California
initiate breastfeeding in the hospital, yet only 48% are
exclusively breastfeeding their infants at three months of age.
Mothers who clearly choose to breastfeed exclusively face
barriers that keep them from doing so. One of the primary
barriers to exclusive breastfeeding is maternal employment.
However, with relatively simple accommodations, some of which
have been mandated by law, breastfeeding can be compatible with
working outside the home. With nearly 60% of women with
children under the age of three being employed, there is
considerable need to create workplace environments strongly
supportive of breastfeeding. All businesses, government policy
and educational centers must create an environment that fully
supports breastfeeding mothers. Supportive environments should
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be available for women at all levels of the workplace.
Please see the Assembly Committee on Labor and Employment's
policy committee analysis for more detailed background
information, proponent comments and prior legislation.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091
FN: 0003945